JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION  



FIFTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 16, 2007

     The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Pastor Diane Jackson, followed by the Pledge of Allegiance led by Senate page Maggie Stern.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the fourth day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,
Bob Gray, Chair

     Which motion prevailed.
HONORED GUESTS


     The President introduced the Tabor Czech Days Royalty: Queen Katy Adam of Yankton, Princess Morgan Rothschadl of Tabor, and Prince Alex Dangler of Yankton to the body.

CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive reappointment of Barbara Christianson of Pennington County, Rapid City, South Dakota, to the Career Service Commission.

     The question being "Does the Senate advise and consent to the executive reappointment of Barbara Christianson pursuant to the executive message as found on page 36 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Peterson (Jim); Schmidt; Smidt; Sutton; Turbak; Two Bulls

     Excused:
Kloucek; Olson (Ed)

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

     The Senate proceeded to the consideration of the executive reappointment of Jean (Dawn) Morris of Hughes County, Pierre, South Dakota, to the Career Service Commission.

     The question being "Does the Senate advise and consent to the executive reappointment of Jean (Dawn) Morris pursuant to the executive message as found on page 37 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Peterson (Jim); Schmidt; Smidt; Sutton; Turbak; Two Bulls

     Excused:
Kloucek; Olson (Ed)

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

     The Senate proceeded to the consideration of the executive reappointment of Kory Menken of Union County, Dakota Dunes, South Dakota, to the South Dakota Lottery Commission.

     The question being "Does the Senate advise and consent to the executive reappointment of Kory Menken pursuant to the executive message as found on page 35 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Peterson (Jim); Schmidt; Smidt; Sutton; Turbak; Two Bulls

     Excused:
Kloucek; Olson (Ed)

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

     The Senate proceeded to the consideration of the executive reappointment of Duane Schmautz of Hughes County, Pierre, South Dakota, to the South Dakota Lottery Commission.

     The question being "Does the Senate advise and consent to the executive reappointment of Duane Schmautz pursuant to the executive message as found on page 36 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Peterson (Jim); Schmidt; Smidt; Sutton; Turbak; Two Bulls

     Excused:
Kloucek; Olson (Ed)

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

     The Senate proceeded to the consideration of the executive reappointment of Dick Werner of Beadle County, Huron, South Dakota, to the South Dakota Lottery Commission.

     The question being "Does the Senate advise and consent to the executive reappointment of Dick Werner pursuant to the executive message as found on page 35 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Peterson (Jim); Schmidt; Smidt; Sutton; Turbak; Two Bulls

     Excused:
Olson (Ed)

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Virginia Nelson of Pennington County, Rapid City, South Dakota, to the South Dakota Lottery Commission.

     The question being "Does the Senate advise and consent to the executive appointment of Virginia Nelson pursuant to the executive message as found on page 38 of the Senate Journal?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt; Smidt; Sutton; Turbak; Two Bulls

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive reappointment of Dennis Haan of Pennington County, Rapid City, South Dakota, to the South Dakota Building Authority.

     The question being "Does the Senate advise and consent to the executive reappointment of Dennis Haan pursuant to the executive message as found on page 37 of the Senate Journal?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt; Smidt; Sutton; Turbak; Two Bulls

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

     The Senate proceeded to the consideration of the executive reappointment of Joe Lien of Lawrence County, Spearfish, South Dakota, to the South Dakota Building Authority.

     The question being "Does the Senate advise and consent to the executive reappointment of Joe Lien pursuant to the executive message as found on page 38 of the Senate Journal?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt; Smidt; Sutton; Turbak; Two Bulls

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.


COMMUNICATIONS AND PETITIONS


December 22, 2006

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Merton Clarkson, Harding County, Ludlow, South Dakota, to the Game, Fish and Parks Commission.

    This reappointment is effective January 11, 2007, and shall continue until January 10, 2011.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Agriculture and Natural Resources.


March 29, 2006

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Spencer Hawley, Brookings County, Brookings, South Dakota, to the Game, Fish and Parks Commission.

    This reappointment is effective immediately, and shall continue until January 10, 2010.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Agriculture and Natural Resources.

December 22, 2006

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Randall Kemink, Potter County, Gettysburg, South Dakota, to the Game, Fish and Parks Commission.

    This reappointment is effective January 11, 2007, and shall continue until January 10, 2011.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Committee on Agriculture and Natural Resources.

March 29, 2006

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that Governor M. Michael Rounds has appointed Susan Knippling, Buffalo County, Gann Valley, South Dakota, to the Game, Fish and Parks Commission.

    This appointment is effective April 10, 2006, and shall continue until January 10, 2010.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on Agriculture and Natural Resources.

REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 16, 17, and 20 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 12 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 13 and returns the same with the recommendation that said bill be amended as follows:

13oa
     On page 1, line 6 of the printed bill, overstrike " C, parts " and insert " A, part ".

     On page 1 , line 6, before " 171 " insert " subchapter C, parts ".

     And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  68 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Rick Knobe of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.


Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Glenda Woodburn of Hughes County, Pierre, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Kay Jorgensen of Lawrence County, Spearfish, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Mark Shlanta of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Richard Gowen of Pennington County, Rapid City, South Dakota, to the South Dakota Board of Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Donald A. Kirkegaard of Marshall County, Britton, South Dakota, to the South Dakota Board of Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Patricia Simmons of Minnehaha County, South Dakota, to the South Dakota Board of Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Ed Olson, Chair
Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  35 and 38 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  23 and 24 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  36 and 37 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Royal "Mac" McCracken, Chair

CONSIDERATION OF REPORT OF JOINT-SELECT COMMITTEES


     Sen. Knudson moved that the report of the Joint-Select Committee relative to the Joint, House, and Senate rules for the 82nd Legislative Session as found on page 67 of the Senate Journal be adopted.

     The question being on Sen. Knudson's motion that the report of the Joint-Select Committee relative to the Joint, House, and Senate rules for the 82nd Legislative Session as found on page 67 of the Senate Journal be adopted.

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt; Smidt; Sutton; Turbak; Two Bulls

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

MESSAGE FROM THE HOUSE



MR. PRESIDENT:

    I have the honor to transmit herewith HB 1009 which has passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

     CONSIDERATION OF REPORTS OF COMMITTEES


     Sen. Knudson moved that the reports of the Standing Committees on

     State Affairs on SB 22 as found on page 64 of the Senate Journal ; also

     Judiciary on SB 50 as found on page 66 of the Senate Journal ; also

     Judiciary on SB 63 as found on page 66 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 73   Introduced by:  Senators Napoli, Abdallah, Albers, Apa, Gant, Garnos, Greenfield, Katus, McNenny, Olson (Ed), Schmidt, and Sutton and Representatives Kirkeby, Hackl, Howie, Moore, Nelson, Peters, and Van Etten

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning precinct boundaries and polling places.

     Was read the first time and referred to the Committee on Local Government.

     SB 74   Introduced by:  Senators Hunhoff, Heidepriem, Knudson, Koetzle, and Turbak and Representatives Feinstein, Cutler, Gillespie, and Moore

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding health care decisions for persons incapable of giving consent.

     Was read the first time and referred to the Committee on Judiciary.

     SB 75   Introduced by:  Senators Hunhoff, Heidepriem, Knudson, Koetzle, and Turbak and Representatives Feinstein, Cutler, Gillespie, and Moore

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding living wills.

     Was read the first time and referred to the Committee on Judiciary.

     SB 76   Introduced by:  Senators Hunhoff, Heidepriem, Knudson, Koetzle, and Turbak and Representatives Feinstein, Cutler, Gillespie, and Moore

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding health care decisions by agents.

     Was read the first time and referred to the Committee on Judiciary.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1009:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the registration of cancelled livestock character brands.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. McCracken requested that SB 40 be removed from the Consent Calendar.

     Sen. Greenfield requested that SB 33 be removed from the Consent Calendar.

     SB 61:   FOR AN ACT ENTITLED, An Act to   include adopted children within certain child support deviations.

     Was read the second time.

     The question being "Shall SB 61 pass?"

     And the roll being called:

     Yeas 34, Nays 1, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt; Smidt; Sutton; Turbak; Two Bulls

     Nays:
Napoli

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

     SB 62:   FOR AN ACT ENTITLED, An Act to   allow for the electronic service of orders to withhold income in the collection of child support.

     Was read the second time.

     The question being "Shall SB 62 pass?"

     And the roll being called:

     Yeas 34, Nays 1, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt; Smidt; Sutton; Turbak; Two Bulls

     Nays:
Napoli

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 34:   FOR AN ACT ENTITLED, An Act to   revise the definition of an enrolled student.

     Was read the second time.

     Sen. Ed Olson moved that SB 34 be referred from the Committee on Education to the Committee on Appropriations.

     Which motion prevailed.

     SB 41:   FOR AN ACT ENTITLED, An Act to   revise the procedures used to assess and collect unpaid cigarette taxes.

     Was read the second time.

     Sen. Tom Hansen moved that SB 41 be deferred to Wednesday, January 17, the 6th legislative day.

     Which motion prevailed.

     SB 49:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the Board of Counselor Examiners' authority to promulgate rules regarding marriage and family therapy.

     Was read the second time.

     The question being "Shall SB 49 pass?"

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt; Sutton; Turbak; Two Bulls

     Nays:
Greenfield; Hundstad; Napoli

     Excused:
Smidt

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

     SB 58:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the South Dakota Energy Infrastructure Authority.

     Was read the second time.

     Sen. McCracken moved that SB 58 be deferred to Wednesday, January 17, the 6th legislative day.

     Which motion prevailed.

     SB 66:   FOR AN ACT ENTITLED, An Act to   include additional professions and occupations within the child support collection process.

     Was read the second time.

     The question being "Shall SB 66 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt; Sutton; Turbak; Two Bulls

     Excused:
Smidt

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

     Sen. Duenwald moved that the Senate do now adjourn, which motion prevailed and at 3:00 p.m. the Senate adjourned.

Trudy Evenstad, Secretary